SUNIL MADHUKAR DHEPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been filed invoking the inherent powers of this Court under Sec. 482 of the Code of Criminal Procedure to quash the criminal proceedings bearing R.C.C. No.438/2020 including the F.I.R. on the basis of which the criminal case came to be filed before the learned Chief Judicial Magistrate, Osmanabad, for the offence punishable under Sec. 3 of the Police (Incitement to Disaffection) Act, 1922 [hereinafter referred to as the 'Act'].

(2.) Heard Mr. Sushant B. Choudhari, learned advocate for the applicants and Mr. M. M. Nerlikar, learned APP for respondent/State.

(3.) Learned advocate for the applicants submits that the applicant no. 1 is a Journalist and applicant no. 2 is an agriculturist as well as Social Worker. The F.I.R. has been lodged by respondent no. 2 in the capacity of P.S.I. attached to Cyber Cell of Osmanabad district, on 14/1/2020. In the F.I.R., it has been stated that while going through the social media as per the direction given by the District Superintendent of Police, he found on 13/1/2020 an objectionable article, which was on Facebook account under the name 'Osmanabad Live'. It was published around 15:39 hrs., and it was liked & published by applicant no. 2 at about 15:53 hrs., on his Facebook account. Both of them had published that objectionable article which was having heading ...[VERNACULAR TEXT OMITTED].... The informant says that after perusing the said contents of the post, which was divided into eight paras, it is found that, in each para, the then District Superintendent of Police - Shri. Raj Tilak Roashan was referred to as 'fcgkjh ckc w' and question was raised as to why no action has been taken in respect of the incident of assault on a Journalist at Tuljapur and what was the source of amount of Rs.5.00 lakhs which was donated by the police department to the Literary Convention that was organized in Osmanabad. The informant says that the post of District Superintendent of Police is a highest post in the police department in the district and in order to defame the said post as well as to malign the status of the police from Osmanabad, the said article was published and it was to create disaffection of the general public as against the police persons and, therefore, he invoked Sec. 3 of the Police (Incitement to Disaffection) Act, 1922.